scholarly journals Trade Secret Prices & High-Tech Devices: How Medical Device Manufacturers are Seeking to Sustain Profits by Propertizing Prices

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
Medical Device ◽  
High Tech ◽  
Trade Secrets ◽  
Cardiac Pacemakers ◽  
The Public ◽  
Law Faculty ◽  
College Of Law ◽  
Medical Device Manufacturers ◽  
The Law ◽  
Device Manufacturer

The law of trade secrets has taken a back seat to copyrights and patents in the explosion of scholarship on intellectual property issues over the last decade. While scholars concerned for the future of the public domain have argued forcefully and persuasively against the continuing expansion of rights - both in scope and duration - for holders of copyrights and patents, they have said little about the corresponding "creep" that has been occurring in the law of trade secrets. This article examines some of the causes and effects of that "creep" in the context of recent claims by the medical device manufacturer Guidant that the actual prices its hospital customers pay for implantable devices, including cardiac pacemakers and defibrillators, are protectable as trade secrets under the Uniform Trade Secrets Act ("UTSA").Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

scholarly journals Copyright's Digital Deputies: DMCA-Plus Enforcement by Internet Intermediaries

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
Due Process ◽  
Law Faculty ◽  
College Of Law ◽  
The Law ◽  
Secondary Liability ◽  
University Of Idaho ◽  
Due Process Rights ◽  
Voluntary Basis

In the years since passage of the Digital Millennium Copyright Act ("DMCA"), the copyright industries have demanded that online intermediaries - both those covered by the DMCA and those falling outside the statute's ambit - do more than the law requires to protect their intellectual property rights. In particular, they have sought new ways to reach and shutter "pirate sites" beyond the reach of United States law. Their demands have been answered through an expanding regime of nominally voluntary "DMCA-plus" enforcement.This chapter surveys the current landscape of DMCA-plus enforcement by dividing such enforcement into two categories: Type 1 and Type 2. Type 1 DMCA-plus enforcement is cooperation by DMCA-covered intermediaries over and above what is required for safe harbor. Type 2 DMCA-plus enforcement is cooperation by intermediaries whose activities fall outside the scope of the DMCA's safe harbors and who are not liable for their customers' copyright infringements under secondary liability rules.As the gap widens between what the law requires and what intermediaries are agreeing to do on a voluntary basis, there is reason to be concerned about the expressive and due process rights of users and website operators, who have no seat at the table when intermediaries and copyright owners negotiate "best practices" for mitigating online infringement, including which sanctions to impose, which content to remove, and which websites to block without judicial intervention.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

scholarly journals Copyright Policymaking as Procedural Democratic Process: A Discourse Theoretic Perspective on ACTA, SOPA, and PIPA

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
National Security ◽  
Foreign Relations ◽  
Trade Agreement ◽  
Freedom Of Information ◽  
Freedom Of Information Act ◽  
The Public ◽  
Law Faculty ◽  
College Of Law ◽  
Security Information ◽  
University Of Idaho

In Bring in the Nerds: Secrecy, National Security, and the Creation of Intellectual Property Law, David Levine juxtaposes two starkly different copyright policymaking processes: the closed international process that produced the Anti-Counterfeiting Trade Agreement (ACTA) and the relatively open domestic process that led quite dramatically to the scuttling of the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). He reads the two processes against each other as a prelude to recommending Freedom of Information Act (FOIA) reform. The amendment to FOIA that Professor Levine proposes would open the international IP policymaking process to greater public scrutiny by creating a qualified public right to "foreign relations" national security information, which was systematically withheld from the public during the ACTA negotiations. This article, prepared for the Cardozo Arts and Entertainment Law Journal's 2012 Symposium, "Piracy and the Politics of Policing: Legislating and Enforcing Copyright Law," is a response to Professor Levine that draws on Jürgen Habermas' discourse theory of procedural democracy to examine the policymaking dynamics of ACTA and SOPA/PIPA and to assess the democracy-enhancing potential of the FOIA reform Professor Levine proposes.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

6. Trade secrets, confidential information, and the protection of private information

2019 ◽  
pp. 75-94
Author(s):  
Tim Press
Keyword(s):  
Public Interest ◽  
Private Information ◽  
Common Law ◽  
Trade Secrets ◽  
The Public ◽  
Separate Branch ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
The Right

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.

scholarly journals Sheep in Goats' Clothing: Satire and Fair Use After Campbell v. Acuff Rose Music, Inc.

2016 ◽  
Author(s):  
Annemarie Bridy
Keyword(s):  
Literary Theory ◽  
Information Society ◽  
Fair Use ◽  
Law Faculty ◽  
College Of Law ◽  
Critical Boundary ◽  
The Law ◽  
University Of Idaho

A tricky question emerges from the Supreme Court's decision in Campbell: If a parodic work, to use Justice Souter's words, shades into satire, is it no longer classifiable (and therefore no longer defensible) as a parody? Should it be regarded as having crossed a critical boundary for fair use purposes? Campbell suggests that it should, but there are actually compelling reasons, rooted in principles underlying the doctrine of fair use, why some types of parodic works that shade into satire should not be regarded as infringing. After examining the curious development of the parody/satire distinction within the law of fair use, this article draws on literary theory to propose a workable and more accurate taxonomy than that provided in Campbell, by means of which courts engaging in a fair use analysis can evaluate works that are hybrids of parody and satire.Annemarie BridyProfessor<http://www.uidaho.edu/law/faculty/annemariebridy>|University of Idaho College of Law|PO Box 83720-0051|Boise, ID 83720|Ph. 208.364.4583Affiliate Scholar<https://cyberlaw.stanford.edu/about/people/annemarie-bridy>|Stanford Center for Internet and SocietyAffiliate Fellow<http://isp.yale.edu/people-directory?type=19>|Yale Information Society ProjectSSRN<http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=630766>|HeinOnline<http://heinonline.org/HOL/AuthorProfile?collection=journals&search_name=Bridy,%20Annemarie&base=js>|LinkedIn<https://www.linkedin.com/in/annemariebridy>|Twitter<https://twitter.com/AnnemarieBridy>

Quality Assurance in Medical Devices

2021 ◽  
pp. 302-314
Author(s):  
Juliana Shaibun
Keyword(s):  
Quality Assurance ◽  
Medical Device ◽  
Medical Devices ◽  
High Performance ◽  
Quality Management System ◽  
Business Environment ◽  
Future Research ◽  
Medical Device Manufacturers ◽  
Device Manufacturer ◽  
Assurance Process

Quality management system (QMS) is acknowledged as the primary method for any manufacturer, especially medical device manufacturers, in order to sustain the product quality in the competitive advantage in business environment. QMS is an essential requirement for regulatory control in high risk medical devices. Globally, the number of medical device manufacturers certified by ISO 13485 is escalating. Ownership of this certification symbolizes the medical device manufacturer acquired high performance in their QMS. This bibliometric provides a brief review of the quality assurance and how safety plays an important role in medical devices. Bibliometric analysis guided user to summarize the essential part of quality assurance process in medical device. The insights presented in this research assist in building a firm theoretical base and direction for future research.

6. Trade secrets and confidential information

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
Public Interest ◽  
Private Information ◽  
Family Life ◽  
Common Law ◽  
Trade Secrets ◽  
The Public ◽  
Separate Branch ◽  
Human Rights Act ◽  
The Law ◽  
The Right

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act in 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.

scholarly journals PRAWO PUBLICZNE NA UNIWERSYTECIE STEFANA BATOREGO W WILNIE

2017 ◽  
Vol 9 (1) ◽  
pp. 191 ◽  
Author(s):  
Mikołaj Tarkowski
Keyword(s):  
Interwar Period ◽  
Canon Law ◽  
Scientific Work ◽  
Public Law ◽  
Late Professor ◽  
The Public ◽  
Legal Thought ◽  
Law Faculty ◽  
The Law ◽  
The University

Public Law at The University of Stefan Batory in VilniusSummaryThe Law Faculty and Social Science of University of Stefan Batory was a centre of the science of Vilnius lawyers in the interwar period. Examinations and lectures were run both in the field of the public law, private, as well as of support sciences of the law. The article is devoted to the learning of the public law and his academic teachers. Lectures directed for getting to know such objects as the constitutional, church, criminal, tax and administrative law were run on different ranks of studies (from II till the IV year). Syllabus were made up on the basis of provisions of the law about the academic education.In the period of the interwar period discussions took place about their shape. In them professor Eugeniusz Waśkowski, who proposed the legal specialization in senior years supplemented took the active participation for historical researches concerning the institution from the scope of individual branches of the law.In frames this way constructed among others constitutionalists gave a lecture. Among them professor Wacław Komarnicki participated in scientific trips to West-European cities – particularly to Paris. He also contributed to the development of the learning of the public law with one’s work professors Alfons Parczewski and Bolesław Wilanowski who dealt with the canon law and laid them out together with marital rights. Analysing the contribution of Vilnius lawyers to academic achievements of the Polish learning of the criminal law, it is impossible to forget about examinations conducted by professors Bronisław Wróblewski and Stefan Glaser. B. Wróblewski cooperated closely with a more late professor of the Wrocław University Witold Świda. Next, S. Glaser joined in the discussion about legal-medical aspects of abortion.Among this circle it is needed to mention about professor Mieczysław Gutowski – the editor of the periodical Works of the Seminar from the Finances and the Revenue law and the Statistics. There is also described an academic activity of professor Jerzy Panejko, who was concentrated in examinations on the subject matter of the local government and professional council.The Vilnius legal thought survived throughout the period of the II World War. W. Świda, B. Wilanowski and A. Mycielski were continued lectures in the country. Especially W Komarnicki, W. Sukiennicki, or also S. Glaser began the teaching and scientific work at foreign colleges. They cultivated the Vilnius legal thought given rise to and looked after in the interwar period.

scholarly journals In Memoriam: Professor Kathryn R. Heidt

2006 ◽  
Vol 67 (3) ◽  
Author(s):  
Harry M. Flechtner
Keyword(s):  
New York ◽  
Academic Career ◽  
Law School ◽  
Court Of Appeals ◽  
Wayne State University ◽  
State College ◽  
Law Faculty ◽  
College Of Law ◽  
The Law ◽  
The University

What is most notable about the life and the career of Professor Kathryn R. Heidt is not that it was tragically cut short by her death on May 24, 2005, but that she was able to achieve so much, both personally and professionally, in the too-brief time allotted to her. After receiving her bachelor’s degree from Penn State and her J.D. from Cleveland State College of Law, Professor Heidt clerked for two years for the Honorable John T. Patton of the Ohio Court of Appeals before becoming an associate with the Philadelphia law firm Duane Morris & Heckscher. Opting for a change in her path in the law, she obtained an LL.M. from Yale Law School and began her distinguished academic career. Before joining the faculty of the University of Pittsburgh as a Professor of Law in 1995, Professor Heidt had served on the law faculty at Wayne State University Law School, and had been a visiting faculty member of the University of Pennsylvania Law School, the University of North Carolina School of Law, New York Law School, and the Law Faculty of the University of Utrecht in the Netherlands.

scholarly journals THE CRIMINOLOGICAL HERITAGE OF THE FACULTY OF LAW, UNIVERSITY OF NIŠ

2018 ◽  
pp. 081
Author(s):  
Filip Mirić
Keyword(s):  
Law Students ◽  
Teaching Staff ◽  
Public Attention ◽  
The Public ◽  
Social Communities ◽  
The Past ◽  
Faculty Teaching ◽  
Law Faculty ◽  
The Law ◽  
Causes Of Crime

Crime has always attracted the public attention. Criminology, as a science on the forms and causes of crime, has been studied at the Faculty of Law, University of Niš, since its establishment in 1960. In the past 56 years, the Law Faculty in Nis has published numerous publications (textbooks and monograps) on criminology. The aim of this paper is to provide a a brief overview of the most important criminological literature published by the Faculty of Law, University of Niš, which contributed to casting more light on the multifaceted criminological issues. The author also recognizes and commends the dedicated work of Law Faculty teaching staff and the exerted efforts to present these complex issues in a comprehensible way, adapted to the needs of junior and senior law students and the needs of the wider academic, professional and social communities.

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